The Jefferson County jury announced at one point today it was deadlocked in its attempt to unanimously decide if Smith, 38, should be held criminally responsible in the death of Israel Owens.

After Circuit Judge Teresa Pulliam sent jurors back to deliberate further, they reported at mid-afternoon they were making progress but wanted to stop for the day.

The panel, which already has been deliberating for roughly 13 hours since late last week, is set to return Tuesday.

Israel died Oct. 17, 2010, after a blow or sustained pressure caused his heart to rupture, testimony showed.

He had accompanied Smith to work overnight at UAB Health Systems because his mother also was at work and no babysitter was available, testimony showed.

Prosecutors contend that Israel wet himself, and an angry Smith beat the child and delivered the fatal wound before taking him to a security station pretending to seek help.

But the defense has said Smith is innocent, and Israel's death was the accidental result of improperly applied CPR during efforts by several people to resuscitate the child after he became unconscious.

Israel also had 47 wounds outside his body and an internal injury that all were old enough to have healed and formed scars. A county pathologist attributed the injuries and Israel's death to child abuse.

Defense lawyers Darryl Bender and Debra Weston-Pickens contended Smith did not cause those injuries, saying they occurred before Israel and his mother moved in with him four months before the child's death.

In addition to the capital charge, the jury also may consider lesser charges of felony reckless manslaughter and misdemeanor criminally negligent homicide.